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Your Score:

B

Congratulations! But it appears there are still a few loose ends to address in order to become an “A” student.

Call or email nationally recognized Affordable housing environmental specialists, LEW Corporation to have a free consultation and learn how you can comply with HUD regulatory lead-based paint laws.

800-783-0567 or request at Info@LEWCorp.com.

1. Was this property built from the foundation up post (since) January 1, 1978?
Correct Answer: Yes
Your Answer: {Was this property built from the foundation up post (since) January 1, 1978?:1}

If your property was not built foundation up post 1/1/1978 and not certified lead-based paint fee, your property must comply. According to Federal Regulation you MUST Comply with the requirements of 24 CFR Part 35 in accordance with the following.

Subpart B—General Lead-Based Paint Requirements and Definitions for All Programs. § 35.100 Purpose and applicability.

(b) Applicability —(1) This subpart. This subpart applies to all target housing that is federally owned and target housing receiving Federal assistance. Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child of less than 6 years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling. In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, HUD may designate an earlier date.

2. Does this property currently have in its physical possession a certification from a state licensed lead-based paint evaluation firm that states the property is Lead-Based Paint Free?
Correct Answer: Yes
Your Answer: {Does this property currently have in its physical possession a certification from a state licensed lead-based paint evaluation firm that states the property is Lead-Based Paint Free?:2}

If your property does have a Certification by a Licensed Lead-Based Paint evaluation firm you are exempt from the federal HUD and EPA regulations in accordance with 24 CFR § 35.115 Exemptions.  IF YOU DO NOT have a Lead-Based Paint Free certification, your property must comply!

The following: Residential property found not to have lead-based paint by a lead-based paint inspection conducted in accordance with §35.1320(a) (for more information regarding inspection procedures consult the 1997 edition of Chapter 7 of the HUD Guidelines). Results of additional test(s) by a certified lead-based paint inspector may be used to confirm or refute a prior finding.

3. Are all of your staff who disturb painted surfaces (painting, sheet rocking, cutting, drilling.) properly trained in Lead Safe Work Practices?
Correct Answer: Yes
Your Answer: {Are all of your staff who disturb painted surfaces (painting, sheet rocking, cutting, drilling..) properly trained in Lead Safe Work Practices?:3}

If your response was “No” you are in violation of 25 CFR Part 35.1330 of HUD’s Lead Safe Housing Rule. Interim controls. A person performing interim controls must be trained in accordance with the hazard communication standard for the construction industry issued by the Occupational Safety and Health Administration of the U.S. Department of Labor at 29 CFR 1926.59, and either be supervised by an individual certified as a lead-based paint abatement supervisor or have completed successfully one of the following lead-safe work practices courses, or EPA Renovation, Repair and Painting Rules (RRP) Lead Safe Renovator available at www.RRPTrainer.com.

4. If you disturb painted surfaces on your property are you sure the person who is responsible for the paint disturbance project is an EPA Certified Lead Safe Renovator Supervisor?
Correct Answer: Yes
Your Answer: {If you disturb painted surfaces on your property are you sure the person who is responsible for the paint disturbance project is an EPA Certified Lead Safe Renovator Supervisor?:4}

If your answer was No, you are possibly in violation of several federal Lead-Based Paint laws. HUD’s Lead Safe Housing Rule and EPA’s 40 CFR Part 745. Renovator certification to become a certified renovator, an individual must successfully complete the appropriate course accredited by EPA under §745.225 or by a State or Tribal program that is authorized under subpart Q of this part. The course completion certificate serves as proof of certification. EPA renovator certification allows the certified individual to perform renovations covered by this section in any State or Indian Tribal area that does not have a renovation program that is authorized under subpart Q of this part. An individual must complete a renovator by EPA under §745.225 or by a State or Tribal program that is authorized under subpart Q of this part within 5 years of the date the individual completed the initial course described in paragraph (a)(1) of this section. If the individual does not complete a refresher course within this time, the individual must re-take the initial course to become certified again.

5. Each time someone disturbs a painted surface of greater than a Di Minimis amount do you have lead dust wipe samples collected by a properly certified practitioner and are those sample results recorded and maintained for 3 years?
Correct Answer: Yes
Your Answer: {Each time someone disturbs a painted surface of greater than a Di Minimis amount do you have lead dust wipe samples collected by a properly certified practitioner and are those sample results recorded and maintained for 3 years?:5}

YES is the proper Response, if NO, you might be in violation.

35.1340   Clearance.

Clearance examinations required under subparts B, C, D, F through M, and R, of this part shall be performed in accordance with the provisions of this section.

(a) Clearance following abatement. Clearance examinations performed following abatement of lead-based paint or lead-based paint hazards shall be performed in accordance with 40 CFR 745.227(e) and paragraphs (c)-(f) of this section. Such clearances shall be performed by a person certified to perform risk assessments or lead-based paint inspections.

(b) Clearance following activities other than abatement. Clearance examinations performed following interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation shall be performed in accordance with the requirements of this paragraph (b) and paragraphs (c) through (g) of this section. Clearance is not required if the work being cleared does not disturb painted surfaces of a total area more than that set forth in §35.1350(d).

(1) Qualified personnel. Clearance examinations shall be performed by:

(i) A certified risk assessor;

 

(ii) A certified lead-based paint inspector;

 

(iii) A person who has successfully completed a training course for sampling technicians (or a discipline of similar purpose and title) that is developed or accepted by EPA or a State or tribal program authorized by EPA pursuant to 40 CFR part 745, subpart Q, and that is given by a training provider accredited by EPA or a State or Indian Tribe for training in lead-based paint inspection or risk assessment, provided a certified risk assessor or a certified lead-based paint inspector approves the work of the sampling technician and signs the report of the clearance examination

6. Each time a paint disturbance of greater than a Di Minimis occurs and lead dust wipe clearance is achieved or you raise your rents do you properly update your lead paint rental disclosure forms?
Correct Answer: Yes
Your Answer: {Each time a paint disturbance of greater than a Di Minimis occurs and lead dust wipe clearance is achieved do you properly update your lead paint rental disclosure forms?:6}

Yes is the correct response, if your answer was No, in accordance with 24 CFR Part 35 (HUD’s Lead Safe Housing Rule) any significant change to an existing lease is considered to be a renewal of the lease for purposes of the rule. An adjustment in the amount of the rent payment is considered a significant change, and therefore would be considered a renewal. For lease transactions, lead disclosures are required under the rule for:

(1) all new leases entered into after the applicable effective date of the rule; and

(2) all renewals of existing leases after the applicable effective date of the rule unless

(a) disclosures have been previously made, and

(b) and no new information pertaining to lead-based paint or lead-based paint hazards has become available since the previous disclosure. An increase in rent permitted by a local rent control ordinance, therefore, would trigger the lead disclosure requirement unless the requirement was previously satisfied and no new lead information has become available, as described above.

7. Whatever entity does paint disturbances do you assure they have properly renewed their EPA RRP firm certification if your property is not certified lead free?
Correct Answer: Yes
Your Answer: {Whatever entity does paint disturbances do you assure they have properly renewed their EPA RRP firm certification?:7}

If you answered No you could be in violation of EPA’s federal regulation. In accordance with EPA’s federal regulation 40 CFR 745.220 Scope and applicability. This subpart contains procedures and requirements for the accreditation of lead-based paint activities and renovations, procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, and work practice standards for performing such activities. This subpart also requires that, except as discussed below, all lead-based paint activities (surfaces NOT certified as Lead-Based Paint Free), as defined in this subpart, be performed by certified individuals and firms.

8. Properties that have not obtained Lead-Based Paint Free certification or two consecutive Re-Evaluations with no lead hazards identified must perform a Re-Evaluation every two years. Are you current from the date of your last Re-Evaluation?
Correct Answer: Yes
Your Answer: {Properties that have not obtained Lead-Based Paint Free certification or two consecutive Re- Evaluations with no lead hazards identified must perform a Re-Evaluation every two years. Are you current from the date of your last Re-Evaluation?:8}

If you are responsible for Project Based Rental assisted property and you answered NO, you are in violation of HUD’s Lead-Safe Housing rule 24 CFR Part 35 Sec. 35.1355 Ongoing lead-based paint maintenance and reevaluation activities. Each reevaluation shall be conducted in accordance with the following schedule if a risk assessment or other evaluation has found deteriorated lead-based paint in the residential property, a soil-lead hazard, or a dust-lead hazard on a floor or interior window sill. The first reevaluation shall be conducted no later than two years from completion of hazard reduction. Subsequent reevaluation shall be conducted at intervals of two years, plus or minus 60 days. To be exempt from additional reevaluation, at least two consecutive reevaluations conducted at such two-year intervals must be conducted without finding lead- based paint hazards or a failure of an encapsulation or enclosure. If, however, a reevaluation finds lead-based paint hazards or a failure, at least two more consecutive reevaluations conducted at such two year intervals must be conducted without finding lead-based paint hazards or a failure.

Email info@LEWCorp.com or call 800-783-0567 for immediate assistance.

9. For every work, maintenance request or paint disturbance greater than Di Minimis do you have a properly signed EPA Renovate Right pamphlet by the occupant of the unit?
Correct Answer: Yes
Your Answer: {For every work and maintenance request greater than Di Minimis do you have a properly signed EPA Renovate Right pamphlet by the occupant of the unit?:9}

If you answered No, you are potentially in violation of EPA’s 40 CFR Part 745.84   Information distribution requirements.

(a) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:

(1) Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.

(2) In addition to the requirements in paragraph (a)(1) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet.

10. If you could become completely exempt from all, if not most of the Federal obligations, of the above lead-based paint laws with nominal effort and minimal cost in a reasonable period of time would you be interested?
Correct Answer: Yes
Your Answer: {If you could become completely exempt from all if not most of the Federal obligations of the  above lead-based paint laws with nominal effort and minimal cost in a reasonable period of time   would you be interested?:10}

If you did not get an “A” or better, LEW Corporation is highly confident after issuing Lead-Based paint Free certifications to literally thousands of apartment units, that we can assist you with your federal and state lead-based paint and other Environmental needs.

Questions are always FREE. Email or call today for a FREE phone consultation 800-783-0567 or info@LEWCorp.com.

Call us to discuss your results: 908-654-8068

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